www.NJMediation Works.com Martin Rosenfeld, Esq.
34-00 Linwood Rd, Fair Lawn, NJ 07410 201.794.4545
www.njmediator.wordpress.com (Blogsite)
IS MEDIATION THE ONLY OPTION I SHOULD CONSIDER?
I believe that mediation makes sense for most people in most situations. I have total faith in the system. In recent years, there has been a focus on what is known as collaborative law. This makes sense for some people. I am trained in this process as well, but when I engage in this process, I am actually engaged only by one party as an attorney, not as a mediator. But it does have its advantages. The process is described well at www.NYCourts.gov. What follows is a brief synopsis of this process:
"When a couple decides to pursue a collaborative divorce without going to court, they each hire lawyers trained in collaborative law. Collaborative lawyers and their clients sit together in face-to-face meetings to identify and address issues in need of resolution. The lawyers focus the clients on problem-solving and making plans for the future, rather than on casting blame or making accusations for what may have happened in the past.
In Collaborative Law, the parties and their lawyers all agree that should the negotiations fall apart and the parties wish to proceed to court - they will do so with new lawyers. Additionally, each collaborative lawyer is required to withdraw upon becoming aware that his or her client is being less than fully honest, or is participating in the process in bad faith. Since all meetings with the collaborative team are confidential, discussions, disclosures or any concessions that may have been made during the four-way conferences cannot be used against either party in any subsequent court proceeding.
Because ending a marriage has emotional and economic consequences, as well as legal consequences, the parties may have trouble communicating and making decisions without the help of other professionals in addition to their lawyers. That is why collaborative lawyers often rely on an interdisciplinary team approach. This means that the parties may jointly hire personal coaches (generally a mental health professional), child specialists, and financial experts to assist in gathering information and problem-solving. The professionals working as part of the collaborative team share the belief that is in the parties and their families best interests to avoid litigation, and to settle differences fairly, honestly, and efficiently."
A SUMMARY OF MEDIATION SERVICES PROVIDED:
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